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SKINS Terms & Conditions

These Terms and Conditions apply to the use of all websites in the skins.net domain hierarchy including www.skins.net (“Websites”).

If you want to use the Websites, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from (in other words, stop) using the Websites.

Your use of the Websites constitutes your agreement to the Terms and Conditions. This means by using the Websites you are bound by these Terms and Conditions and they will be read in conjunction with any other applicable Terms and Conditions (like the Privacy Statement)

THE PARTIES AGREE as follows: 1. TERMINOLOGY

1.1 In these Terms and Conditions:

we use the terms “SKINS”, “we”, “us” and “our” as a reference to SKINS International Trading AG or any member of the SKINS Group; and

the terms “you” and “your” are a reference to the Purchaser or a User of the Websites, namely ‘You’

“Goods” means goods, which SKINS may cause to be supplied by a member of the Skins Group to you pursuant to these Terms and Conditions;

“GST”, “VAT”, “TVA”, “MwSt” means any tax imposed on the supply of any goods, services, real or personal property or other things or similar tax under any applicable tax law in the territory which receives an order to purchase Goods;

“Linked Website” means any website accessible from a hyperlink provided on the Websites, either directly or indirectly;

“Purchaser” shall mean a person, firm, or corporation, jointly and severally if there is more than one, acquiring Goods by placing an order on the Websites;

“SKINS Group” means the group of related bodies corporate (including SKINS International Trading AG), which carries on the business of design, importation, marketing and distribution of the Goods;

“SKINS Distributor” shall mean a company entity appointed by SKINS to be responsible for marketing, retail distribution and internet order fulfillment in a particular territory and whose online activities in relation to SKINS are conducted through the Websites

“The Seller” shall mean either SKINS or a SKINS Distributor as the case may be for the following territories:

SKINS AU Store: True Alliance Brands Pty Ltd (ABN 80 098 979 803)

SKINS CH Store: SKINS International Trading AG

SKINS EU Store: SKINS International Trading AG

SKINS UK Store: SKINS International Trading AG

SKINS INTL Store: SKINS International Trading AG

SKINS USA Store: SKINS North America LLC

SKINS RSA Store: Super-Brands (Pty) Ltd

SKINS NZ Store: Brandex Adventure Sports Ltd

SKINS SE Store: SKINS International Trading AG

SKINS NO Store: SKINS International Trading AG

SKINS DK Store: SKINS International Trading AG

SKINS FI Store: SKINS International Trading AG

“Terms and Conditions” shall mean these terms and conditions of sale and use of this Website;

“User” means any person who accesses this Website

1.2 Any order placed by a Purchaser on the Websites is deemed to be an order incorporating these Terms and Conditions notwithstanding any inconsistencies, which may be introduced in the Purchaser’s order or acceptance unless expressly agreed by the Seller in writing

2. AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Websites. Your continued use of the Websites following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended

3. ORDERS

3.1 Any order placed by you on the Websites in the manner described in the Website is an offer by you to purchase particular Goods for the price (including the delivery costs and other charges and taxes) specified in this Website on these Terms and Conditions at the time you place your order

3.2 The Seller reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any Goods, an error in the price or the description of Goods on this Website, or an error in your order

3.3 You are not entering into a contract with the Seller until the Seller forwards confirmation of receipt of your order and payment

3.4 Orders accepted by the Seller may not be cancelled or altered in whole or in part by you without prior written consent from the Seller

3.5 the Seller may decline by written notice to the Purchaser, any order in whole or in part, at any time prior to delivery of the Goods in which case the Seller will be under no obligation in respect of the order

4. PRICES

4.1 Prices of Goods and delivery and other charges displayed on this Website are current at the time of issue, but may change at any time and are subject to availability

4.2 All prices are expressed in the following currencies:

SKINS AU Store: Australian Dollars (AUD$)

SKINS EU Store: Euros (EUR€)

SKINS UK Store: Pounds Sterling (GBP£)

SKINS INTL Store: Euros (EUR€)

SKINS NZ Store: New Zealand Dollars (NZD$)

4.3 Prices displayed on this Website are inclusive of Tax applied at the rate of:

SKINS AU Store: 10% GST (AU)

SKINS EU Store: 19% VAT (NL)

SKINS UK Store: 20% VAT (UK), excepting Youth Products (0%)

SKINS INTL Store: 0% VAT (NL, Export)

SKINS NZ Store: 15% GST (NZ)

4.4 In addition to the price payable, you are responsible for any other taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any Goods acquired or ordered by you from this Website

4.5 You must arrange and pay for all costs associated with the carriage and insurance of the Goods from the Seller’s nominated collection address

4.6 The Seller reserves the right to vary its prices, without notice to the Purchaser, up to the time when final confirmation of the order is given by the Seller

5. DELIVERY

5.1 Orders are delivered by the method of delivery offered by the Seller and selected by you during the Checkout steps on the Websites

5.2 Any time quoted for delivery is an estimate only and the Seller shall not be liable to you or to any other person for any loss or damage howsoever arising as a result or consequence of any failure to deliver or delay in delivery

5.3 You shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery

5.4 Where you request the Seller to deliver Goods directly to another person, that person takes possession of the Goods for you as your agent, but you remain directly responsible to the Seller under these Terms and Conditions

6. INABILITY TO DELIVER DUE TO PURCHASER

6.1 If, due to any act, omission or default by the Purchaser, the Seller is unable to deliver any Goods to you at the time that the Goods are due to be delivered, you agree to reimburse the Seller for all reasonable costs incurred by the Skins Group for storing, securing and insuring the Goods until such time as the Goods are delivered or re-delivered to the Purchaser

6.2 All costs under the above clause will be calculated for the period commencing on the date on which any Goods would have been delivered but for the Purchaser’s act, omission or default, and finishing on the date on which the Goods are subsequently delivered or re-delivered

7. CANCELLATION OF ORDERS

7.1 If the Seller determines that it is or may be unable to deliver within a reasonable time, or at all, the contract may be cancelled by the Seller. In the event of cancellation you shall have no claim against the Seller for any damage, loss, cost or expense whatsoever

7.2 No purported cancellation or suspension of an order or any part thereof by you is binding on the Seller after that order has been accepted by the Seller

8. RISK

Risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to you upon presentation of the Goods for delivery at the premises of the Seller supplying the Goods

9. WARRANTY CLAIMS AND RETURNS

DO NOT UNDER ANY CIRCUMSTANCES SEND THE GOODS BACK TO US WITHOUT NOTICE. SKINS AND SKINS DISTRIBUTORS ACCEPT NO RESPONSIBILITY WHATSOEVER FOR GOODS THAT ARE SENT BACK BY THE PURCHASER AND ARE LOST OR STOLEN BEFORE ARRIVING

9.1 Incorrect Goods (Shipment Contents Error)

If you receive SKINS Goods other than those you intended to purchase, you have fourteen (14) days after delivery of the Goods to you to contact the Seller that you purchased the Goods from to arrange a Return Authorisation Number (“RAN”)

The Seller will ask you to provide a brief description of the fault or problem with the goods

The Seller will ask you to provide sufficient contact details to enable a shipment of a replacement product to you

The Seller’s Customer Service Representative will supply you with information on how to return the Goods to the Seller

Once a RAN has been issued, you are obligated to return the Goods to the Seller within fourteen (14) days

If the Goods are returned in original packaging and in a resalable condition (ie not worn), the Seller will replace the Goods or refund you the purchase price of them at the Seller’s discretion

If the Goods are not returned in original packaging and/or not in a resalable condition (ie not worn), it is at the Seller’s discretion as to whether the products will be replaced or returned to you without replacement

9.2 Faulty Goods (Warranty Return)

If you are the purchaser of SKINS Goods and discover within one (1) year that your SKINS are faulty or contain a manufacturing fault, you should contact the Seller that you purchased the Goods from to arrange a Return Authorisation Number (RAN)

The Seller will ask you to provide a brief description of the fault with the Goods

The Seller will also require a proof of purchase to handle your claim. If your purchase was through the SKINS Websites, this will normally take the form of an order number or other information that will assist us to locate your transaction. If your order was from another store or website, this must take the form of a receipt or other transaction record showing the SKINS Goods and their purchase price.

The Seller will ask you to provide sufficient contact details to enable a shipment of a replacement product to you, should one be required

The Seller’s Customer Service Representative will supply you with information on how to return the Goods to the Seller

Once a RAN has been issued, you are obligated to return the Goods to the Seller within fourteen (14) days

If the Goods are found to be faulty or contain a manufacturing fault and your purchase was through the SKINS Websites, you will be provided with a replacement item free of charge or the price you paid for the goods will be refunded to you in full, at the Seller's discretion. You will not incur any charge for the delivery of replacement goods to you.

If the Goods are found to be faulty or contain a manufacturing fault and your was through another store or website, you will be provided with a replacement item free of charge. No credits or refunds will be issued in this circumstance. You will not incur any charge for the delivery of replacement goods to you.

If the Goods are found not to be faulty or contain a manufacturing fault, you will be notified in writing by a Customer Service Representative who will advise you of the manufacturer’s decision. In these circumstances, the Goods will be returned to you

9.6 The Seller will not be held responsible for damage caused to Goods by misuse or poor care

9.7 If you are returning Goods from an International location, please ensure that you clearly mark on the customs declaration that the Goods contained in the package are “Returns” to the seller to prevent the package incurring customs charges. If the Goods are not marked as “Returns” and the Seller incurs a customs charge, the Seller may refuse to accept delivery of the Goods unless the cost is met by you

10. INTELLECTUAL PROPERTY RIGHTS IN GOODS

10.1 The Skins Group owns or is the licensee of all copyright, trade mark, patent or design rights or confidential information (“Intellectual Property”) in or related to any of the Goods

10.2 You must not copy the Goods or permit or arrange for any third party to copy them

10.3 You must:

only use any Goods for the purposes for which they were designed to be used;

not reverse engineer any Goods; and

not design or manufacture products that compete with any Goods

11. DISCLAIMER, IMPLIED TERMS, WARRANTY AND RETURNS

11.1 It is hereby acknowledged by the Seller that, under applicable State, Territory and National law, certain conditions and warranties may be implied in the contract between the Seller and you and rights and remedies conferred upon you and other parties in relation to Goods which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). The limitations below are subject to these Non-excludable Rights

11.2 Subject to clause 11.1, the Seller disclaims all conditions and warranties whether express or implied, and the rights and remedies conferred upon the Purchaser, or other parties by statute, common law equity, trade custom or usage or otherwise, and all such conditions and warranties, rights and remedies are hereby expressly excluded other than any Non-excludable Rights

11.3 Where so permitted, the liability of the Seller for a breach of a Non-excludable Right is limited, in the Sellers’ absolute discretion, to:

the repair of the Goods;

the replacement of the Goods or the supply of equivalent Goods;

the payment of the cost of having the Goods repaired; or

the cost of replacing the Goods or of acquiring equivalent goods

11.4 When you purchase any of the goods from us, the respective product will specify whether or not a warranty attaches to it for a finite period. If a warranty period is specified and the Good(s) suffers from a malfunction, which is due solely to the manufacture of the product and not from conduct inconsistent with it’s intended use, then you may make a claim for rectification of the Good(s) with us. To make a claim please contact us setting out the particular garment and issue and one of our Customer Service representatives will be in contact with you

12. INDIRECT LOSS

Subject to clause 11.1, in no event shall the Skins Group be liable (whether before or after discharge of the contract or otherwise) for any loss or damage suffered by you or any third party, howsoever caused, including but not limited to special, incidental, indirect, or consequential loss, economic loss, loss of turnover, profits, goodwill or revenue, whether or not any member of the Skins Group was aware of or may reasonably have anticipated such losses may be incurred

13. DISCLAIMER

You agree that your use of the Website shall be at your sole risk

To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded

We make no warranties or representations about the accuracy or completeness of the content or opinions expressed on the Website or the content of any Linked Website and assume no liability or responsibility for any of the following, or for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, economic loss or damage to reputation whatsoever, resulting from any:

errors, mistakes or inaccuracies of material or information on the Website;

personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;

any unauthorised access to or use of our secure servers and/or any and all personal information and or financial information stored therein;

any interruption or cessation of transmission to or from the Website;

any bugs, viruses, or the like, which may be transmitted to or through the Website by any third party;

any errors or omissions in any material or information or for any loss or damage of any kind incurred as a result of your use of any material or information posted, emailed, transmitted or otherwise made available on the Website; and/or

any errors or omissions in any content or for any loss or damage or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the Website

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any Linked Website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services

15. COPYRIGHT

Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use

Copyright in the content of this Website (including text, photographs, graphics, logos, icons and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

commercialise any information, products or services obtained from any part of this Website, without our written permission

16. WAIVER

Failure by SKINS to insist upon strict performance of any term, warranty or condition of the contract shall not be deemed as a waiver thereof or of any rights SKINS or any member of the SKINS Group may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition

17. PURCHASER’S ACKNOWLEDGMENTS

You acknowledge that you are acquiring the Goods for private use and not for the purpose of re-supply in trade or commerce and warrant that you can make legally binding contracts

You acknowledge that neither the SKINS Group nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in writing whether as to the fitness of the Goods for any particular purpose or any other matter. In particular, you acknowledge that it does not rely on the skill and judgment of the SKINS Group in supplying Goods which are fit for a particular purpose, and that it will ensure that any Goods supplied to it by the SKINS Group are in accordance with its order

Any description of the Goods contained on this Website is approximate only and is given by way of identification only and the use of such description shall not constitute the contract a sale by description. You cannot claim against the Skins Group for any deviation

Goods are not available via this Website to persons under the age of 18 years or any other persons who are legally prohibited from entering into binding contracts

Except for any warranty or representation made expressly in writing by us, you hereby acknowledge that you have not relied on any advice given, or representation made by us, or on our behalf in connection with the Goods

We shall not be liable for any failure of telecommunications services or systems which affect our receipt of information from you

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any Linked Website

We do not accept liability for any loss or damage arising directly or indirectly as a result of a failure to provide the Website, corruption to or loss of data, errors or interruptions or any suspension or discontinuance of the service

Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated. We do not accept liability for loss or damage resulting from any action taken or reliance made by you on any material or information obtained through the Website

If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material

You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material

Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement

No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk

You agree not to use, launch or install, or use or launch any program whatsoever which masks the identity of the user or which may inturn use, launch or install any malicious software, badware, malware, deceptive adware or the like which may amongst other things delete data on the computers of users, steal personal information such as passwords, credit card numbers, alter search results, track the moves of users and/or feed such information back to third parties

You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” and “offline readers” that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web-browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communications systems provided by the Website for any solicitation purposes. You agree not to solicit, for commercial purposes any users with respect to their submissions

18. SUBCONTRACTING

SKINS reserves the right to assign its rights and obligations under these Terms or subcontract the production, manufacture or supply of the whole or any part of the Goods to be supplied. You may not assign its right and obligations under these Terms without SKINS’ prior written consent

19. LINKED WEBSITES

This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained

We are not responsible for the content or privacy practices associated with Linked Websites

Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or websites referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary

20. PRIVACY POLICY

We undertake to comply with the terms of our privacy policy which accompanies to these Terms and Conditions

21. NOTICES

Any notice to be given by you to SKINS shall be sent to SKINS’ address that appears on this Website, or as otherwise notified to you by SKINS. No notice shall be deemed to be given until it is actually received at such address

22. SEVERANCE

Any provision of these terms, which is invalid or unenforceable in any jurisdiction, is to be read down, if possible, so as to be valid and enforceable. The read down provision will apply only in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceability, then it will be severed. The remaining provisions of these terms, and the validity or enforceability of that provision in any other jurisdiction, will not be affected

23. GOVERNING LAW

For use of the Websites in Australia or for any purchases made in Australia, the terms of the Australian Consumer Law will apply and the courts of the State of New South Wales shall exclusively govern any issues.

For use of the Websites in New Zealand or for any purchases made in New Zealand, the law of New Zealand will apply and the courts of New Zealand shall exclusively govern any issues.

For any issues not specifically governed by the Australia Consumer Law and for jurisdictions outside of Australia and New Zealand, these terms and conditions shall be governed by and construed in accordance with the laws of Zug, Switzerland. The parties submit to the exclusive jurisdiction of the courts of the Canton of Zug, Switzerland and any courts which may hear appeals from those courts.

24. TO RETURN TO THE WEBSITE

To return to the Website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Terms and Conditions.